Firearms Offences Defence

Firearms Charges in Ontario

Firearms offences carry some of the most severe penalties in the Criminal Code, including mandatory minimum sentences that significantly restrict a judge’s discretion at sentencing. Parliament has treated firearms offences with increasing severity, and the courts reflect this approach. The stakes are extraordinarily high — even a first offence can result in years of imprisonment — and a technically sound, aggressive defence is essential from day one.

Common Firearms Offences and Their Penalties

Unauthorized Possession of a Firearm (Section 91)

Possessing a firearm without holding a valid licence (PAL). This is a hybrid offence — maximum 5 years on indictment for non-restricted firearms, and a straight indictable offence with a maximum of 5 years for restricted or prohibited firearms.

Possession of a Prohibited or Restricted Firearm with Ammunition (Section 95)

One of the most commonly charged serious firearms offences. Possessing a loaded prohibited or restricted firearm, or an unloaded one alongside readily accessible ammunition, without authorization. This is a straight indictable offence with:

• Maximum of 10 years imprisonment
• Mandatory minimum of 3 years (first offence) or 5 years (subsequent offences) where the Crown proceeds by indictment

Careless Use, Storage, or Transportation (Section 86)

Handling, storing, displaying, transporting, or using a firearm in a careless manner or without reasonable precautions for the safety of others. This is a hybrid offence — maximum 2 years on indictment. This charge frequently arises from improper storage complaints, accidents, or incidents where a firearm was displayed or handled unsafely.

Possession for a Dangerous Purpose (Section 88)

Possessing a weapon — not limited to firearms — for a purpose dangerous to the public peace. Maximum 10 years imprisonment. The Crown must prove both possession and the dangerous purpose.

Pointing a Firearm (Section 87)

Intentionally pointing a firearm at another person, whether or not the firearm is loaded. A straight indictable offence with a maximum of 5 years imprisonment. This charge often arises in the context of domestic disputes, road rage incidents, or confrontations between neighbours.

Weapons Trafficking (Section 99)

Transferring or offering to transfer a firearm, weapon, or ammunition knowing that the person is not authorized to possess it. A straight indictable offence with:

• Maximum of 10 years imprisonment
• Mandatory minimum of 3 years (first offence) or 5 years (subsequent offences)

Using a Firearm in Commission of an Offence (Section 85)

Using a firearm while committing or attempting to commit an indictable offence. This charge is laid in addition to the underlying offence and carries:

• Mandatory minimum of 1 year (first offence) or 3 years (subsequent offences)
• The sentence must be served consecutively — on top of the sentence for the underlying offence

Prohibited Firearms Orders Violations (Section 117.01)

Possessing a firearm while subject to a prohibition order. A straight indictable offence with a maximum of 10 years imprisonment.

Our Defence Strategy

1. Search and Seizure Challenges (Section 8 Charter)

Firearms are most often discovered during searches — of vehicles, homes, persons, or common areas. The legality of the search is frequently the most critical issue in the case. We conduct an exhaustive analysis of how the firearm was found:

Search warrants: We obtain and scrutinize the Information to Obtain (ITO) — the sworn document used to obtain the warrant — line by line. We look for:

• Reliance on unreliable confidential informants without adequate corroboration
• Stale-dated information that no longer provided reasonable grounds
• Misleading, exaggerated, or incomplete information presented to the issuing justice
• Errors in the description of the place to be searched
• Execution that exceeded the scope of the warrant

Warrantless searches: Many firearms are discovered without a warrant. Each type of warrantless search must meet strict legal standards:

• Search incident to arrest: The arrest itself must have been lawful, and the search must be genuinely incidental to it — not a fishing expedition.
• Vehicle searches: Searching a vehicle requires specific legal justification. A traffic stop alone does not authorize a search of the trunk or locked compartments.
• Safety searches: Pat-down searches are only justified by a specific and articulable safety concern. Finding a firearm during an unjustified safety search may render the evidence inadmissible.
• Plain view: The firearm must have been immediately apparent during a lawful police presence — the officer cannot have been searching or manipulating objects to find it.
• Consent searches: The consent must be voluntary, informed, and specific. We challenge whether the consent was truly given freely or was the product of police pressure.

If the search was unconstitutional, the firearm may be excluded as evidence under Section 24(2) of the Charter. Without the firearm, there is typically no case.

2. Challenging Possession: Knowledge and Control

The Crown must prove that you had both knowledge that the firearm existed and control over it. This is far more difficult than it sounds in many common scenarios:

• Shared vehicles: Was the firearm found in a car used by multiple people? Who had access? Can the Crown prove who placed it there?
• Shared residences: A firearm found in a common area, a basement, or a room used by multiple occupants does not automatically prove who possessed it.
• Proximity alone is not enough: Simply being near a firearm does not prove possession. The Crown must link you to the firearm through evidence of knowledge and control — fingerprints, DNA, statements, patterns of behaviour, or other circumstantial evidence.

We scrutinize every piece of evidence connecting you to the firearm and present alternative explanations for its presence.

3. Licensing and Authorization Defences

Some charges turn entirely on whether you held the proper documentation:

• Was your Possession and Acquisition Licence (PAL) valid at the relevant time?
• Was the firearm properly classified — some firearms have been reclassified over the years, and owners may not have been aware of the change.
• Were you transporting the firearm in compliance with transportation regulations (locked case, direct route, etc.)?
• Did you have an Authorization to Transport (ATT) or Authorization to Carry (ATC) where required?

Regulatory defences are technical and detail-oriented — a single document or a compliance step can make the difference.

4. Mandatory Minimum Challenges

Several firearms offences carry mandatory minimum sentences that have been the subject of ongoing constitutional litigation. Where mandatory minimums apply, we assess whether a Section 12 Charter challenge (cruel and unusual punishment) is appropriate in your specific circumstances. While not every challenge succeeds, the evolving case law means that mandatory minimums are not always the final word on sentencing.

5. Bail in Firearms Cases

Firearms charges often trigger a reverse onus at bail — meaning the burden shifts to you to show why you should be released. This makes bail hearings more difficult and more critical. We prepare comprehensive release plans with strong sureties and present them aggressively to secure your release.

Collateral Consequences

Beyond the criminal sentence, a firearms conviction results in:

• Mandatory firearms prohibition — typically 10 years to life, depending on the offence
• Forfeiture of all firearms and ammunition
• CPIC flagging — your name is entered in the Canadian Police Information Centre database in connection with firearms
• Employment consequences — particularly for those in law enforcement, security, military, or other fields requiring security clearance
• Immigration consequences — serious criminality findings for non-citizens

Related Resources

• Firearms Licence Applications & Revocations — PAL refusals, revocations, and Section 74 references
• Your Charter Rights in a Criminal Case — Section 8 search and seizure challenges are often decisive in firearms cases
• Drug Trafficking & Possession Defence — firearms and drug charges frequently arise together
• Robbery Defence — mandatory minimums for robbery with a firearm
• Bail Hearings & Reviews — firearms charges often trigger reverse onus bail hearings
• Mandatory Minimum Sentences — many firearms offences carry mandatory minimums of 1 to 7 years
• Preliminary Inquiries — firearms charges often qualify for a preliminary hearing
• Understanding Your Election — choosing your mode of trial for serious firearms charges

Facing firearms charges? Contact us 24/7 for immediate representation. These cases require aggressive action from the outset.